Blankenship v. Estate of Bain

OPINION

ANDERSON, C.J.

We granted this appeal to decide whether a person who receives health care benefits under Tennessee’s medical assistance program (“TennCare”) must be “made whole” for his or her loss before the State is entitled to subrogation for any medical expenses it paid on the person’s behalf.

The trial court concluded that Tenn-Care, through its administrator, Blue Cross and Blue Shield of Tennessee (“Blue Cross/Blue Shield”), was not entitled to subrogation because the insureds had not been made whole for their loss under a settlement agreement. The Court of Appeals reversed,…